When you are obtaining uncontested divorce there are two types of applications that you can file – sole or joint. When you are filing for an uncontested sole divorce, then it is one party that initiates the process of divorce. The other spouse is simply notified about the application and there is no issue or contest which is raised. Whereas, in the case of a joint divorce, neither of the parties initiate an action against the other. They simply go to a lawyer’s office to sign the required divorce paperwork which will inform the court of their intention to get a divorce. However, to be able to get an uncontested divorce certain mandatory requirements to need to be met. We have listed the requirements below.
It is only for those who are seeking divorce
An uncontested divorce is only for those who are looking to change their marital status. The lawyers can provide you with legal advice on other aspects like division of property, custody, child support and spousal support.
Ensure that the spouse doesn’t contest the divorce
When you are filing for an uncontested divorce your partner mustn’t file a claim against you. If there are any outstanding issues like those of custody, support or division of property, you need to consult a divorce lawyer. The lawyer will help you understand your rights and obligations. They will also provide you with the options that are available to you.
The spouse needs to be served the divorce document
This requirement is only there in the case of sole uncontested divorce. In this case, the spouse needs to be served with the divorce application. This can be done through mail or in person. Most divorce law firms provide this service. It is essential to remember that the spouse’s cooperation is crucial to make sure that the proceedings of the uncontested divorce go on smoothly. However, in cases where the spouse’s whereabouts are unknown, the lawyers should be able to assist you in getting a divorce.
Separation for a year or adultery should be the grounds for a divorce
However, separation for a year or adultery is considered to be a must for divorce proceedings. You can also start with the divorce proceedings even before the one year period is over. You and your spouse can be considered as “separated” even when you are living under the same roof.
Child Support must be paid according to the Federal Child Support Guidelines
Though it is not mandatory to have a form written agreement to address the child support. But you would need to sign an affidavit that has the details of the child support arrangement that will be in place after the divorce.
Time taken for the proceedings
It takes about 4 months for an uncontested divorce to be granted. However, if you are planning to get married right after the divorce has been granted. You are required to wait for about 31 days before you can get married again.
